But after several hours of debate in the Assembly, Deputy Prow abstained in a recorded vote on an amendment which proposed indefinitely delaying a part of his Committee’s new law which proposed shifting the evidential burden of proof in cases of sexual assault where the alleged victim is intoxicated.
Speaking to Express yesterday, Deputy Prow said that he wanted to remain neutral on the amendment, which provoked strongly divided opinion in the States, and await the instructions of other deputies.
“I felt very strongly that this should be a decision of the States and the Committee for Home Affairs would abide by that decision, whichever way it went,” said Deputy Prow.
“I was listed first to vote. Rightly or wrongly, I felt I should remain neutral so a clear instruction from the States could follow.”
Pictured: The amendment to delay one part of the law was proposed by Deputy Carl Meerveld (left) and seconded by Deputy John Dyke.
The amendment to delay section 4(2)(g) of the law was submitted by Deputies Carl Meerveld and John Dyke. They wanted further consultation on concerns raised by some members of the Guernsey Bar that 4(2)(g) could encourage false allegations and wrongful convictions.
The States voted against the amendment by 24 votes to nine with several members abstaining or absent. The States then voted to approve the unamended legislation in full.
“I voted for the inclusion of provision 4(2)(g) when the legislation was first debated,” said Deputy Prow.
“I am extremely happy that the matter is now settled once and for all by the Assembly. The Committee can now move on to concentrate on the development of a Sexual Assault Referral Centre (SARC) and the remaining Sexual Offences Ordinance.”
Pictured: The amendment debate divided political and legal opinion. Two Deputies who are also lawyers, Peter Ferbrache (left) and Mark Helyar, found themselves on opposing sides with Deputy Ferbrache arguing against the amendment and Deputy Helyar in favour.
Deputy Rob Prow said that his Committee is fully committed to efforts to reduce the incidence of sexual assault and support victims.
He told the States: “I am absolutely certain that the initiatives I have outlined [the SARC, Sexual Offences Ordinances and End to End rape review] are the ones we need to concentrate upon if we are determined to bring about actions which recognise the prevalence of offending in rape and sexual offences and ensure that there is an early and robust assessment of suspect behaviour and offending patterns.”
Pictured (top): Deputy Rob Prow, President of the Committee for Home Affairs.